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Press Releases
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Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008) Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.
ACLU Cheers USSC Decision to Apply New Drug Sentencing Guidelines Retroactively (12/11/2007) Washington, DC – The American Civil Liberties Union today applauded the U.S. Sentencing Commission’s decision to apply recent changes in federal crack cocaine sentencing guidelines retroactively. Thousands of offenders were sentenced under the previous guidelines, which unfairly and erroneously required them to serve more than the mandatory minimum sentence required by law. Thanks to the USSC’s decision, such offenders will now have the opportunity to appear before the court and have their case reviewed by a judge.
Congress Scrutinizes the Use of Informants in Drug Law Enforcement Following Accidental Shooting of 92-Year-Old Woman (07/19/2007) WASHINGTON – The House Judiciary Committee held hearings today to examine the dangers of the informant system as used in drug law enforcement. Today’s hearing was prompted by the tragic death of a 92-year-old Atlanta woman, Kathryn Johnston, who was shot during a botched SWAT raid of her home. The raid was based on information fabricated by police, who falsely attributed the misinformation to a confidential informant. Civil rights advocates and members of Congress called for an overhaul of the informant system, instituting oversight mechanisms and safeguards to prevent future injustices.
U.S. Sentencing Commission Issues New Recommendations on Federal Sentencing Guidelines (04/28/2007) Washington - In a public hearing Friday evening, the United States Sentencing Commission voted to amend the Federal Sentencing Guidelines for federal crack cocaine offenses. Distributing just five grams of crack for example, carries a minimum five-year federal prison sentence, while distributing 500 grams of powder cocaine carries the same sentence.
ACLU Testifies Before United States Sentencing Commission for Fair Drug Sentencing Policies (11/14/2006) WASHINGTON - Jesselyn McCurdy, Legislative Counsel at the ACLU Washington Legislative Office, testified today at a public hearing held by the United States Sentencing Commission (USSC) about the continued unfairness and racial impact of federal drug sentencing policy. Despite repeated recommendations by the USSC, Congress has not addressed a 100-to-1 sentencing disparity between distribution of powder and crack cocaine.
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Publications
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Cracks in the System: 20 Years of the Unjust Federal Crack Cocaine Law (10/26/2006) A comprehensive examination of the 100-to-1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5-year federal prison
sentence, while distribution of 500 grams of powder cocaine carries the same 5-year mandatory minimum sentence.
Caught in the Net: The Impact of Drug Policies on Women and Families (03/15/2005) In this report, the ACLU, Break the Chains and the Brennan Center for Justice advocate for fair drug laws and policies that adequately take into account the needs of women and their families, and address the root causes of women's involvement with illegal drugs.
Race and the War on Drugs Endnotes (10/17/2003) This page contains a complete list of sources cited in the ACLU position paper: Race and the War on Drugs, May 2003.
Race & the War on Drugs (10/17/2003) This ACLU position paper argues that the United States cannot and should not tolerate laws that systematically target communities of color. Yet, this is precisely the outcome of the current War on
Drugs. The time has come to reverse course in a disastrous, ineffective, and racist approach to drug law enforcement.
Collateral Damage in the War on Drugs (05/01/2002) A Villanova Law Review article by ACLU Drug Law Reform Project Director Graham Boyd examining the many destructive by products of America's War on Drugs, including record incarceration, the erosion of constitutional rights and racial injustice.
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Legal Documents
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U.S. v. Goddard - Petition for Rehearing or Rehearing En Banc (09/05/2007) An ACLU filing challenging the constitutionality of the police tactic known as a "jump out," widely employed against minority residents of high-crime neighborhoods. The ACLU is seeking a rehearing in the case of Melvin Goddard, who was arrested utilizing this aggressive tactic used to detain and search suspects.
Kimbrough v. United States - ACLU Amicus Brief (07/26/2007)
U.S. v. Spears - Amicus Brief in Support of Appellee (06/01/2006) A friend-of-the-court brief submitted by the ACLU and noted sentencing experts in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity.
U.S. v. Ricks - Brief in Support of Appellee (05/18/2006) A friend-of-the-court brief submitted by the ACLU Drug Law Reform Project and a coalition of renowned law professors and sentencing experts in support of judges' right to depart from the 100-to-1 crack/powder sentencing disparity in light of the U.S. Supreme Court's decision in Booker v. U.S.
Motion for Dismissal in U.S. v. Patel (Operation Meth Merchant) (04/05/2006)
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Drug Policy
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Legislative Documents
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ACLU Comments for Sentencing Commision (10/29/2007) On behalf of the American Civil Liberties Union (ACLU), and its hundreds of thousands of members, activists, and fifty-three affiliates nationwide, we submit these comments pursuant to the U.S. Sentencing Commission’s request for public comments, as noticed in the Federal Register in July 2007, relating to its proposed
amendment to the crack sentencing guidelines. Amendment 9, which pertains to crack offenses, has the effect of lowering the guideline sentencing range for certain categories of offenses and offenders. We write in support of the Commission’s proposal that to make Amendment 9 retroactive to sentenced defendants.
Written Testimony on Law Enforcement Confidential Informant Practices by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety, Before the House Judiciary Committee (07/19/2007) Written testimony prepared by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
Written Testimony on Law Enforcement Confidential Informant Practices by Professor Alexandra Natapoff Before the House Judiciary Committee (07/19/2007) Written testimony prepared by Alexandra Natapoff, Professor of Law at Loyola Law School, for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
ACLU Comments to the United States Sentencing Commission on Crack/Powder Disparity (03/16/2007)
Testimony of Jesselyn McCurdy, ACLU Legislative Counsel, At A United States Sentencing Commission Hearing On Cocaine and Sentencing Policy (11/14/2006)
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Resources
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Don Diva Magazine: Witness or Snitch (10/24/2007) Don Diva magazine examines the intersection between the "Stop Snitchin'" movement and informant misuse.
Los Angeles Police Department Consent Decree Requirements Regarding Confidential Informants (10/24/2007) A consent decree ordered upon the Los Angeles Police Department governing proper use of confidential informants and compliance requirements.
California Department of Justice: Jailhouse Informant Policy (10/19/2007) The California Department of Justice guidelines controlling proper use of information provided by jailhouse informants.
Denver Police Department Operations Manual: Confidential Informants (10/19/2007) The Denver Police Department's guidelines regarding the proper use of confidential informants.
Kathryn Johnston and Police System Failure (07/19/2007) A briefing paper that examines the systemic failings in law enforcement's use of informants and proposes federal legislative solutions. It was these systemic failures that precipitated the death of Kathryn Johnston, a 92-year-old Atlanta resident killed during a botched police raid of her home.
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